Effective January 1, 2014: Amendments To Tenure, RIF And Impasse Bargaining Provisions Of Senate Bill 7

by Franczek Radelet P.C.

On January 1, 2014, legislative changes made by Public Act 98-0513 (Act) to the tenure, layoff and impasse bargaining process originally set out in Senate Bill 7 will go into effect.

  • Tenure Portability. The Act amends Section 24-11 of the School Code to require teachers seeking to attain tenure within two consecutive school terms to follow certain procedures when providing proof of their two most recent overall evaluations of “proficient” or higher from their prior school district. Specifically, for a teacher to attain tenure on an accelerated basis, the teacher must provide an official copy of his or her two most recent overall evaluations from the prior school district to the new school district within 60 days from the teacher’s first day of service with the new school district. If the prior school district fails to provide the evaluations, additional procedures apply.
  • Part-time Teachers. The Act makes several changes to the reduction-in-force (RIF) procedures under Section 24-12, including requiring non-tenured part-time teachers to be placed in RIF Grouping 1, and providing a definition for teachers employed on a “part-time basis.” Prior to the Act, Section 24-12 was silent with regard to part-time teachers.
  • Annual Seniority List. The Act requires boards of education, in consultation with the union, to annually establish a list showing the length of continuing service of each teacher qualified to hold any of the positions listed on the sequence of honorable dismissal, and to provide copies of such list to the union at least 75 days before the end of the school term. If the district has established an alternative method of determining a sequence of dismissal as permitted under Section 24-12 of the School Code, a list must be made in accordance with that alternative method and also provided to the union at least 75 days before the end of the school term. This requirement is in addition to the requirement that a district provide the sequence of honorable dismissal list to the union at least 75 days before the end of the school term.
  • Annual RIF Joint Committee Meetings. The Act clarifies that the RIF Joint Committee must be established and meet on an annual basis, with the first meeting required to be held no later than December 1 of each school year. Prior to this change, Section 24-12 only stated that the Joint Committee must be established and meet by December 1, 2011. The RIF Joint Committee now must be established and meet every year but only to address the limited number of topics over which the Joint Committee has authority.
  • Impasse Bargaining Procedures. The Act changes the impasse procedures under the Illinois Educational Labor Relations Act (IELRA) that must be followed before employees may engage in a strike. Instead of “declaring an impasse” anytime 15 days after mediation has commenced, the parties and the mediator may now initiate “the public posting process” anytime 15 days after mediation has commenced. Initiation of the public posting process must be filed in writing with the Illinois Educational Labor Relations Board (IELRB), and copies must be submitted to the parties on the same day the initiation is filed. The amended IELRA also requires each party to submit their most recent offers, rather than their final offers, within seven days after the initiation of the public posting process to the mediator, the IELRB, and the other party. It also clarifies that on the same day the IELRB posts the offers on its website, the school district must notify all news media (that have filed an annual request for notices from the school district pursuant to Section 2.02 of the Open Meetings Act) that the offers are available on the IELRB’s website. The Act further requires the offers to remain on the IELRB’s website until the parties have reached and ratified an agreement. In addition to other requirements, employees may not engage in a strike until mediation has been used without success and at least 14 days have elapsed after the IELRB has made the parties’ offers public. The law still requires the exclusive bargaining representative to provide the ten-day notice of intent to strike.
  • ISBE Waivers. Finally, the Act amends Section 2-3.25g of the School Code to prohibit school districts from seeking a waiver or a modification of the mandate regarding the requirements that student performance data be a significant factor in teacher or principal evaluations or that teachers and principals be rated using the four categories of excellent, proficient, needs improvement, or unsatisfactory. The Act further states that on September 1, 2014, any such previously authorized waiver or modification from such requirements will terminate. Prior to the Act, districts were not prohibited from seeking such waivers until on or after the district’s PERA implementation date, which for most districts is September 1, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Franczek Radelet P.C. | Attorney Advertising

Written by:

Franczek Radelet P.C.

Franczek Radelet P.C. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.